Time for order in court

THE role of Victoria’s court system, a cornerstone of democracy, must be respected.

Lawyer Rob Stary told a magistrate his clients would “stand for no one other than Allah.”

THE role of Victoria’s court system, a cornerstone of democracy, must be respected.

A proposed crackdown on disrespectful behaviour in courtrooms will help do just that.

The State Opposition’s proposed tough new law — which would need the backing of the Andrews Government to pass — would see offenders, witnesses and members of the public face two weeks in jail or a $1500 fine for refusing to show their face to the court or for disrupting proceedings by yelling, protesting, or refusing to stand when directed.

The most contentious part of the proposed amendment may be in giving judges and magistrates the right to ask women wearing the burqa or niqab to remove the head covering.

Similar laws were introduced in New South Wales late last year, after a woman refused to remove her burqa while she was giving evidence and while the judge was entering and leaving the courtroom.

The woman said she could not show her face to men outside her family for religious reasons.

She was offered the chance to give evidence via video link from another room, or to have the court closed as she gave her evidence, but refused.

The judge said while compromises could be made to accommodate religious practices, it was important “to be fair to all parties” and she needed to see the woman’s face while she was being cross-examined so as to“to assess her credibility”.

We saw similar scenes in the Melbourne Magistrates’ Court last May, when five men accused of trying to travel to Syria by boat from Queensland to join Islamic State refused to stand for the magistrate because of their “Muslim faith”. Their lawyer, Rob Stary, told Magistrate Luisa Bazzani: “They stand for no one other than Allah.”

But Ms Bazzani told the “Tinnie Terrorists” that standing was a sign of respect for the court’s authority, and she did not accept that it was appropriate for anyone to refuse to stand.

While people should have the right to wear what they like for religious reasons, it is important that magistrates, judges and jurors can see a witness’s face while they are being cross-examined, and also to confirm the person’s identity.

But the proposed laws go further than disrespectful behaviour based on religious reasons. They would apply to protesters who wear masks or disrupt court proceedings with chanting, witnesses who refuse to stand when asked to, or those who refuse to show their face to the court or who cause a ruckus.

This is about reinstating respect, decency and authority to those applying the rule of law.

Opposition Leader Matthew Guy said there was a “growing disrespect from some people for our laws and our way of life”, and the legal changes would help restore that.

The judiciary is empowered to uphold the rights of citizens, the rights of companies and the rights of government, to ensure that peace, order and democracy endures.

Judges are there to act without fear or favour, using the facts and evidence presented to reach their decisions without being swayed by religious, political, financial or personality factors.

Equally, it is expected that judges will show respect to those before them. In return for carrying the weight of this responsibility, we should return this respect to them.

Judges should have the final say about what happens inside their courtrooms.

PEAK HOURS EXPAND

MELBOURNE’S traffic bedlam has increased to the point where the afternoon peak hour now begins at 3pm.

As anyone who has sat on Hoddle St, Kings Way or the Monash Freeway for what seems like half their life can attest, radical change to tackle the city and suburban gridlock is desperately needed.

New data from VicRoads shows that average peak-hour speeds on some of our major arterials are dipping to just 7-12kmh.

The flow-on impact of this, in economic, efficiency and social terms, is astronomical.

One option to clear congestion, now being considered by authorities, is to bring forward starting times for clearways on some major roads from 4.30pm to 3pm.

The State Government is also assessing the introduction of permanent clearways at chokepoints on Hoddle St, Warrigal Rd and Alexandra Pde.

Average peak speeds between 10kmh and 12kmh are being recorded on Flemington Rd, Chapel St, Upper Heidelberg Rd, Toorak Rd, Pascoe Vale Rd and the Chandler Highway.

Imposing 24-hour clearways at Punt Rd in August halved travel times, so there is evidence that this expansion of no-parking zones works.

But doing so often also causes inconvenience to residents trying to park, and can come at a cost to traders whose customers lack parking spaces.

It is only part of the answer, and can be done only where appropriate.

Governments have delayed too long in building new road and public transport infrastructure.

As a result, all commuters are paying a heavy price.